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First-Amendment Advocates Struggle With Their Consciences As Internet "Images" Reporting Bill Clears House

December 6, 2007

In a move that can only be described as scary, the U.S. House of Representives passed a bill yesterday requiring Internet Service Providers to report carriage of certain images.

The penalties for not doing so could be as high as $300,000 per case, that for the second "offense." First offense? You get a break. That'll only be $150,000.

Prohibited images include photographs, cartoons and drawings that could depict potential use or exploitation of minors.

This brings up a crisis of conscience for those of us, including this writer. There's nothing I hate as much as even the scent of child porn and exploitation. But I'm also a First Amendment advocate. A passionate one. 

Hmm. Do you think that the fact we are headed into a Presidential and key Congressional election cycle here in the U.S. has anything to do with the introduction of this bill?

Glen Fleischman of Wi-Fi Networking News proposes one seemingly farfetched but no means implausible scenario:

The most typical scenario as I can see it is a single-location coffeeshop that provides free Wi-Fi. A barista is walking through the shop and catches a glimpse of an image they think is problematic before the user shuts their laptop or navigates to another page. They aren’t sure, so they tell the manager. The manager then, if he or she doesn’t immediately report and attempt to ascertain as much information as possible, could face the fine (or perhaps the store’s owner), if I suppose the FBI or a local crime unit tracks back a person’s usage to the store. But how to track that usage back and prove someone saw something and didn’t report it?

The U.S. Senate is said to be next for consideration of this bill, but no formal hearings have been scheduled there as of yet.




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